Ord. 509-234 09-28-98ORDINANCE NO. 509-234
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 509, THE LAND USE AND URBAN
DEVELOPMENT ORDINANCE OF THE CITY OF PEARLAND, TEXAS, FOR THE
PURPOSE OF CHANGING THE CLASSIFICATION OF CERTAIN REAL
PROPERTY BEING 3.9507 ACRES OUT OF A 4.846 ACRE TRACT UNDER
BCCF 93-035649 OUT OF THE H.T. & B.R.R. CO. SURVEY, A-234, PLAT
RECORDS OF BRAZORIA CO., TX (APPLICATION NO. 349) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL
BUSINESS (GB) AT THE REQUEST OF MELVIN DILLING, OWNER,
PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABI LITY CLAUSE, AN EFFECTIVE
DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
WHEREAS, Melvin Dilling, owner, filed on July 10, 1998, an application for amendment
pursuant to Section 28 of Ordinance No. 509, the Land Use and Urban Development
Ordinance of the City, for approval of a change in the .land use as provided for in said
Section 28, said property being legally described in the original application for amendment
attached hereto, and made a part hereof for all purposes, as Exhibit "A"; and
WHEREAS, on the 24th day of August, 1998, a joint public hearing was held before
the Planning and Zoning Commission and the City Council of the City of Pearland, Texas,
notice being given by publication in the official newspaper of the City, the affidavit of
publication being attached thereto and made a part hereof for all purposes, as Exhibit "B",
said call and notice being in strict conformity with provisions of Section 28.3 and 28.4 of
Ordinance No. 509; and
WHEREAS, on the 26th day of August, 1998, the Planning and Zoning Commission
of the City submitted its report and recommendation to the City Council regarding the
proposed amendment application by Melvin Dilling, owner, whereby the Commission
recommended and approved a change of classification for the property described in Exhibit
"A" from its existing classification of Suburban Development District (SD) to General Business
(GB); and
WHEREAS, upon receipt of the report from the Planning and Zoning Commission, the
City Council considered this application, and concurred with the recommendation of the
Planning and Zoning Commission, at a regular meeting on September 14, 1998, and
WHEREAS, the City Council having fully heard the testimony and argument of all
interested parties, and having been fully advised in the premises, finds that in the case of the
application of Melvin Dilling, owner, facts were presented which, in the judgment of the City
Council, would justify the approval of said application, it is therefore,
ORDAINED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
I.
The following described property located within the corporate City limits of the City
of Pearland, Texas, and presently classified as Suburban Development District (SD) is
hereby for all purposes changed and reclassified as General Business (GB); such property
being more particularly described as:
Being 3.9507 acres out of a 4.846 acre Tract under BCCF 93-035649 out of the
H.T. & B.R.R. Co. Survey, A-234, plat records of Brazoria Co., TX
II.
The City Council of the City of Pearland finds and determines that the recitations in
the preamble hereof are true and that all necessary prerequisites of law have been
accomplished and that no valid protest of the proposed change has been made. The City
Council further finds and determines that there has been compliance with the mandates of
law in the posting and presentation of this matter to the Planning and Zoning Commission
and to the City Council for consideration and decision.
2
III.
The City Council of the City of Pearland finds and determines that the amendment
adopted herein promotes the health, safety, and general welfare of the public and is a proper
valid exercise of the City's police powers.
IV.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is
for any reason held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct, and independent provision and such holding
shall not affect the validity of the remaining portions thereof.
V.
All rights and remedies which have accrued in the favor of the City under this
Ordinance and its amendments thereto shall be and are preserved for the benefit of the City.
VI.
The City Secretary is hereby directed to cause to be prepared an amendment to the
official Land Use District Map of the City, pursuant to the provisions of Section 2 of
Ordinance No. 509, and consistent with the approval herein granted for the
recla~sification of the hereinabove described property.
VII.
This Ordinance shall become effective after its passage and approval on second and
final reading.
3
ORDINANCE NO. 509-234
PASSED, APPROVED, and ADOPTED on First Reading this
~e,.,~c~ ,1998.
day of
TOM REID
MAYOR
ATTEST:
~ARY
PASSED, APPROVED, and ADOPTED on Second and Final Reading this
of ~-~v-J~p~v,' ,1998.
ATTEST:
TOM REID
MAYOR
APPROVED AS TO FORM:
day
DARRIN M. COKER
CITY ATTORNEY
...:~...',.".?,!;~:..ii....~.'. :'...zoo,.: 'Cn',~.~;~.!'v't,!.c:y~. !0~ i!;'.,:7.~'~:'.::'::.'..:.'." [
t ...................:;.'...'. ..................2. 5:'.~'.'.':.'.'.'.?:~-2-'-:'2-:2~:--''..:-:.'...:.----:'::''''-'-'''~':''x:': ........':""' .....................................................
__ Change m Zoning Classification from: 5~ to: ~ [~
Change in Regulations in Section #:
__ Specific Use for: *
EXHIBIT
Property address:
Lot: Block:
Metes & Bounds Description:
SuMivision:
(unplatted property only;' attach survey)
Tax I.D. number:
Proposed use of land within requested designation:
Record owner's name:
Owner's mailing address:
Owner's telephone number:
Agent's name:
Agent's mailing address:
P.o./~ 8~(o
Agent's telepl!one number: V ~i?f-
PE'FITION: As owner/agent, I hereby petition the City for approval of the above described request as
provided by the laws of the State of Texas and Ordinances of the City of Pearland. *On a Specific Use
Permit request to allow a residential use in a business zone (OP, NS, GB), I acknowledge that such use
may be incompatible with current and future uses on properties in my vicinity.
Owncr's signature: Agent's signature:
I:cc,; paid' $~..~~.C2~ Date paid: ........................
. -
,, ,,.., :.,,,.-,~ t,,...,xpl,t!5~!!!?.!.!.!.'.?.!.'..t.!~.!.T.5 ........................9...2 .........., .......'. ........
ZONE SD
30
31
62
200'
Cn'P.)
6z '/
ZONE SD
ZONE GB
ZONE GB
200'
·
(TYP;
ZONE SD
32 64
ZONE GB ZONE GB ._~
E G .~
T""'
3.9 A
~ 5327 BROADWAYZONE R-1__
L~ (S) Q_
/ / I
ZONE SD
BROADWAY
ZONE { GB
R-1
SD
GB
LOW DENSITY SINGLE FAMILY DWELLING DISTRICT
SUBURBAN DISTRICT
GENERAL BUSINESS DISTRICT
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
1, Joan Cummings, hereby certify that the notice hereby appended was published
in Brazoria and Harris Counties in the REPORTER NEWS, a newspaper of general
circulation in Brazoria and Ftarris Counties, [or. ...... Z- ................. issues, as follows:
No. _ ............... Date
19
No.
No.
Dal. e 19
Date 19
No. Datc
19
Editor
Subscribe and sworn to before me this
19 ~
2_._ day o1: ,:~"~
t. ue~ t
.. .,.~t.l~'l'-
Laura A ~f ~mmons, Publisher
· coumL AND T,S
-NINGANDZONINGCOM-.,
MISSION (~FfHECI~Y OF
PEAR~ND~ TE~S
Notice is he,by ~ive~
'ffie 24th day of August, 19~,
at 6:30 p;m., the Ci~ C0un~il
and th~lanning a~d Zon ng
Commissioh of 'the Ci~ of '
Pearland, BmzoHa and Ha~s
Counties, Texas, will condQct
a Joint Ppblie.Headng in the
.Council .Chambem, CiW Hall,
:. 3 19LibelDrive Pearland,
~biilin~, dwner, for an
~dment,~ the ~nd Use
~a~ DeVelopment
...' ante of aid C ty from '
.~ffcation 8ubuman ' ""'-
Being 3.9507 ac. out of
{~ e, tram ~offi~
ehddr B~CF 93~9 out
of the HT & B RR Co. suNey,
~; A,2~; 8~ffiing to the plat
~ re~s 0f Bmzoda Co., TX
~ (B27 W. Broadway)
'~ "d op~dunity tO appear and
~:* * hea~ 'on ~e subject,
.~~;~; ~. ~;::. ~{~.. :,., .. C=. ,.
.' ~ ',~ ~.:~., .r. ..
AFFIDAVIT OF PUBLICATION
The Pearland Reporter News
2404 South Park
Pearland, Texas 77581
State of Texas
Brazoria and Harris Counties
I, Joan Cummings, hereby certify that the riotice hereby appended was published
in Brazoria and Harris Counties in the REPORTER NEWS,'a newspaper of general
circulation in Brazoria and Ftarris Counties, for ..... Z ................ issues, as follows:
No. / Date
No. Date
No. Date
No. Date
No. Date
19
19
19
SUbscribe ancl sworn to before me this
day of
~!NINGiANDZONiNG!C{}M-i
Notice is herebygive~ thatch
the 24th day of August, 1998,
at 6i30 pm:~ the City COUnCil'::
and the Planning and Zoning
Commission of the City of .
Pearladd, Brazoria and Harris
Counties, Texas, will conduct
a Joint Public Hearing in the
.:Council Chambers, City Hall,
:8519 Liberty Drive, Pearland,
~Yexas, on the ~'equest of E.
'"'~Mauris Hardcastle, agent for '
. Melvin Dilling, owner,. for an.
:amendment 'to the Land Use
· and Urban Development
,~Ordinance 'of said 'City from
': ClassificatiOn Suburban
:~; Development.(SD) to General
:~. Busines~ I;)ist~iCi (GI~) on the
'~ fol ~w ngd~sCri~ ~mperty
~to wit .'' ! ;"'. :'' .? :'"
L
August 26, 1998
Honorable Mayor and Council members
City Hall
Pearland, TX 77581
RE: Recommendation to the City Council on Zoning Application No. 349
Request of Melvin Dilling, owner, for an amendment to the Land Use and Urban
Development ordinance of said City from Classification Suburban Development District
(SD) to General Business District (GB) on the following described property, to wit:
Being 3.9507 ac. out of a 4.846 ac. Tract under BCCF 93-035649 out of the HT & B
RR Co. Survey, A-234, plat records of Brazoria Co., TX
Honorable Mayor and Council members:
The Planning and Zoning Commission, at a regular meeting held on August 24, 1998, after the
Joint Public Hearing, considered the above-mentioned recommendation to the City Council.
A motion was made by Com oner Pat L/opez and seconded by Commissioner Emil Beltz to
approve Zoning Application
Motion to approve passed by a vote of 6-0.
This is submitted for your consideration.
Sf~fely,
Mar~S~rr, Chairperson
Planning and Zoning Commission